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HomeMy WebLinkAboutMinutes City Council - 09/18/1974MINUTES CITY OF CORPUS;CHRISTI, TEXAS REGULAR COUNCIL MEETING September 18, 1974 2:OOP. M. PRESENT: Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch City Manager R. Marvin Townsend Thomas V. Gonzales City Attorney James R. Riggs Ricardo Gonzalez City Secre+ary Bill G. Read Gabe Lozano, Sr. Mayor Pro Tem James T. Acuff called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Reverend Henry Rosales of Bethel Baptist Mission. City Secretary Bill G. Read called the roll of those in attendance. Motion by Lozano, seconded by Branch and passed, that the Minutes of the Regular Council Meeting of September 4, and of the Special Meeting of September 4, 1974, be approved as submitted to the Council. Motion by Branch, seconded by Ricardo Gonzalez and passed, that Mayor Luby be excused for just cause. Mayor Pro Tem Acuff announced the public hearing on the proposal to close portions of South Staples Street. City Manager Townsend explained that there are six parcels of right-of-way on South Staples Street which are surplus and may be reverted back to the property owners. He explained that when South Staples Street was improved, a wider right-of-way was then required than is being used, and it is recommended that all six parcels be returned to the abutting property owners in order to have a common right-of-way for the entire length of the street. He stated Parcel No. 5 will be returned to Mr. Plomarity and in return the City will receive from the owner a 2' wide strip needed off a portion of his lot. No one appeared in opposition to the foregoing proposal. Motion by Branch, seconded by Stark and passed, that the hearing be closed. Motion by Stark, seconded by Branch and passed, that the foregoing six parcels of excess right-of-way on South Staples Street be closed as recommended by the City Manager and returned to the abutting property owners, and an ordinance be brought forward effectuating the closing. City Manager Townsend presented the request to change the names of Cimmaron Drive in •uteS ular Council Meeting September 18, 1974 Page 2 • in Country Club Estates, Unit 15, to Lost Creek Drive; and the request to change the name of San Jose Drive between Cimmaron Drive and Royalton Drive in Country Club Estates, Unit 15, to Sugar Creek Drive. He explained that Cimmaron Drive extends from San Jose Drive in a southerly direction 150' south of Wooldridge Road; no lots face the street, and there is a Cimmaron Street (private street) on the campus of Texas A & 1 University of Corpus Christi. He explained that the request was initiated by the Planning staff to eliminate duplication of street names, and that all affected City departments concur in the proposal to change the name to Lost Creek Drive. Mr. Townsend explained that there is a San Jose Street off Broadway and a Jose Street in Molina Addition causing potential conflicts regarding emergency responses, utility hook-ups and mail delivery. He stated all 12 property owners facing the street and the developer join in the request to change the name of San Jose Drive to Sugar Creek Drive. All affected City depart- ments concur in the request. Commissioner Ricardo Gonzalez commented that to change the name of Cimmaron to Lost Creek Drive would be loosing identity regarding Spanish names. No one appeared in opposition to the foregoing name changes. Motion by Stark, seconded by Lozano and passed, that the name of Cimmaron Drive in Country Club Estates, Unit 15, be changed to Lost Creek Drive; and the name of San Jose Drive between Cimmaron Drive and Royalton Drive in Country Club Estates, Unit 15, be changed to Sugar Creek Drive, and an ordinance be brought forward effectuating the changes. Mayor Pro Tem Acuff called for the City Manager's Reports. City Manager Townsend presented recommendations with explanations and comments, as follows: a. That a public hearing beheld on October 9, 1974 at a Special Council Meeting at 4:00 p.m. on the following zoning applications. (1) Mr. Rufus Tucker - "13-5" to "1-3", located at 2910 Leopard Street. (2) Mr. John F. Nicholson - "R -1B" to "1-2" fronting west on Waldron Field Road 640' north of Yorktown Boulevard. Mr. James L. Nichols, Jr. - "R -1B" & a Special Permit to "B-1", located on the south side of Gollihar Road 140' west of Evelyn Street. (3) (4) Mrs. Isabel Goodstein & Mr. Harvey Weil - "F -R" to "1-2", located west of Corn Products Road between Hopkins Road & Leopard Street. Mr. James V. Rossi - "R -1B" to "B-4" on Tract A. and "R -1B" to "R-2" on Tract B, fronting west on South Staples Street 160' south of Williams Drive. (5) • Minutes Regular Council Meeting September 18, 1974 Page 3 b. That an agricultural water use contract with Mr. Morris L. Lichtenstein, Jr., be approved, including a temporary easement across City property so a tap may be located at the end of an existing main. An addendum to the contract provides for the extension of an 8" main if the property's use should be changed or to cooperate with others if owners of property west of Mr. Lichtenstein desire to extend the line prior to his needs. The property is located on Saratoga, west and adjacent to the Westside Wastewater Plant. c. That the offer of Mr. George M. Chatman to purchase surplus City property acquired on first delinquent tax sale, a vacant 42.4' x 94.5' lot located at 2734 Nogales, for a cash payment of $850.00, be accepted. Mr. Chatman's bid was the only one received. All taxing agencies having a tax interest in the lot have approved this sale. The appraised value is $850.00. The abutting property owners were contacted about bidding on all or half the lot but they were not interested. d. That the application of Integral Steel, Inc. be approved for driveway permit to construct a 50' wide driveway at 4414 Agnes Street, west of Baldwin. The driveway ordinance authorizes the Director of Inspections and Operations to approve driveways up to 45' in width, and provides for appeal to the City Council when permits are refused. A larger driveway is needed because of unusual circumstances posed by the large railroad tracks adjacent to entering the premises, the /median in Agnes Street, and the shoulder features of Agnes in this area. The Directors of Traffic Engineering and Engineering and Physical Development concur. e. That a contract with the Coastal Bend Council of Government be approved fora work/study student employment program from September 1, 1974 through June 30, 1975. Five positions will be assigned to different City Departments concerned with planning and management functions. The City's contribution will be in-kind. The program is aimed at graduate and upper level students with the students working a maximum of 20 hours per week. Departments to which students will be assigned include Traffic Engineering, Data Processing, Inspections and Operations, Planning and Urban Development, and Public Utilites. f. That two tailgate material spreaders for the Street Division be purchased from Plains Machinery Co., Corpus Christi for a total of $3,210.00 on the basis of the only bid received. Nine suppliers could have bid. (Bid Tab. 453-74) g. That authority be granted to sell a portion of Lots l0 and 11, Block 4, Edgewater Terrace, consisting of approximately 9800 square feet, to the adjacent owner, Mr. Les Feldser for • Minutes Regular Council Meeting September 18, 1974 Page 4 $5,100. The land is the balance of a tract condemned in 1969 for the Ocean Drive -Alameda Intersection. The case has been on appeal. This sale of the remnant will terminate the appeal. h. That the engineering firm of Stapp -Hamilton & Associates, Inc. be retained to provide subsurface soil testing for the Auditorium building in the Bayfront Science Park at an estimated cost of $5,648.00, including drilling eleven test holes to a maximum depth of 100 feet, providing several soils tests and preparing an engineering report with recommendations for the foundation design for the Auditorium. i. That a resolution be passed endorsing and supporting the plan and program of the United States Department of the Interior to lease offshore Outer Continental Shelf lands in the Gulf of Mexico near Corpus Christi for exploration, drilling, and/or production of oil, gas, and/or other minerals and that copies of this resolution be forwarded to the appropriate local, state and federal agencies. j. That a lease be approved with the Jones Properties for an additional 629 sq. ft. for a total of 1711 sq. ft. of office space at $.36-1/2 per square foot per month in the Jones Building and 4 additional parking spaces for a total of 9 months for Oct. 1, 1974 to June 30, 1974, for a combined total rent of $625.00 per month or $5,625. This space will be used to office the City's Manpower Administration office. Because four new staff positions were provided in the Consortium administration grant the office needs to relocate from the 4th floor to the 3rd to obtain more space. The conference room rented on the 4th floor will be retained. The lease contains a one-year renewal option. The lessor will pay for utilities, janitorial service, mainte- nance, painting and recarpeting. k. That the City apply for State assistance for traffic safety projects which are fund- able for the Department of Transportation through the Texas Governor's Office of Traffic Safety. The projects include approximately 11 streets for the installation of reflective buttons and 4 signal improvements at Padre Island Drive intersection. Many of these projects are funded on a 90/10 basis. Total Federal -State participation will be approximately $50,000. I. That the 200, 300 & 400 blocks of Chaparral Street and the 300 & 400 blocks of Lawrence & Williams Streets be closed to vehicular traffic from 7:30 p.m. Friday, September 20, 1974 to 12:00 Midnight Sunday, September 22, 1974 so that LULAC Ladies Council No. 26 can sponsor their 4th Annual Fiesta Mexicana de Corpus Christi. The event was cancelled last week because of inclement weather. nutes Regular Council Meeting September 18, 1974 Page 5 m. That a contract be approved with the Goals for Corpus Christi Committee for $25,000 for the provision of citizen participation and the goal setting process as part of the up- dating of the City's various master plans. A portion of these costs will be financed from the City's HUD 701 planning grant. n. (Considered separately) o. That the City Attorney be authorized to institute delinquent City Sales Tax collec- tions and file lawsuits for collection of such taxes, their reduction to judgment, and for levy and execution on delinquent taxpayer assets to satisfy such judgment as provided by law and as confirmed by Attorney General Opinion H-274. Motion by Stark, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "o", (Item "n" considered separately), be accepted, and the requests and recommendations be granted, adopted, and approved as presented by City Manager Townsend. Mr. Gordon Humphrey, agent for the National Maritime Union of Corpus Christi, stated there is an over-all need for a seaman's club in Corpus Christi, ideally located on Water Street. He pointed out reasons for the need, stating he had been in various ports as a seaman and had encountered problems such as language barriers, communication difficulties, and other assistance needs when in a foreign port. He pointed out that the club would be of no particular benefit to the City, but would be purely on a humanitarian basis. The U.S.O. building was suggested as a possible place for a seaman's club. Mr. Humphrey agreed that this building would be suitable for this use. No action was taken on the foregoing request. Mayor Pro Tem Acuff asked those Council members present to submit three names each to the Charter Advisory Committee in accordance with the action of the Council of September 11. The following names were submitted: Jack Dumphy, Ruben Bonilla and Mrs. Richard Sallee (submitted by Mayor Pro Tem Acuff); Stark); Branch); Gonza les); Richard King, Ill, David Perry, and Reverend Elliott Grant (submitted by Commissioner Bill Shireman, Mrs. Neal Sullivan and Earl Coleman (submitted by Commissioner Bill Harrison, James AtwilI and Dr. Arturo Medina (submitted by Commissioner Tom Dick Bowen, Pedro Garcia and Michael Kendrick(submitted by Commissioner Lozano); • Minutes Regular Council Meeting September 18, 1974 Page 6 Mrs. Edith Coffey, G. Rudolph Garza, Jr. and Armado Garcia (submitted by Commissioner Ricardo Gonzalez). Commissioner Branch nominated Mr. Carlisle Kennison to serve on the youth division of the Human Relations Commission. Motion by Stark, seconded by Branch and passed, that the appointment of Mr. Carlisle Kennison be approved by acclamation to serve as youth representative on the Human Relations Commission. City Manager Townsend presented for the Council's consideration Item "n" of the City Manager's Reports relative to further amendments to the ordinance granting a five-year CATV franchise to Athena Cablevision of Corpus Christi, Inc. prior to its third reading. He reviewed proposed amendments and recommended the following: 1. Amend Section 10, Subsection D thereof, so as to hereafter read as follows: "D. The Grantee shall carry with or without a converter all local VHF television stations located in Nueces County with their present channel number designations, and only with those designations unless the Council finds, by ordinance, that it would not be economically or technically feasible to do sound permits the transmission of all such local VHF television stations on channel number desingations other than their present channel designations." 2. Amend Section 23 by replacing subsection C with the following subsections C and D: "C. Grantee shall distribute by means of its cable system at least the following program services without the necessity of a converter: 1. CBS Channel 10, CorpusChristi, Texas. 2. NBC Channel 6, Corpus Christi, Texas. 3. ABC Channel 3, Corpus Christi, Texas. 4. Grantee must carry Channel 41 until Channel 28 or some other station within the corporate limits of the City of Corpus Christi, the primary target audience of which is Spanish-speaking, is available and then such local station shall be carried. 5. Independent Channel 39, Houston, Texas, if possible according to the regulation of FCC. 6. Time and weather. 7. Stock market and news. likutes ular Council Meeting September 18, 1974 Page 7 8. Tourist information. 9. Twenty-four hour FM radio. 10. KEDT, Channel 16, PBS, Corpus Christi, Texas, or some other available educa- tional Channel should KEDT, Channel 16, PBS, Corpus Christi, Texas be no longer available. "D. The Grantee shall provide the following additional services and this Section shall govern wherever in conflict with the original CATV written proposal: 1. Four channels designated for Corpus Christi Independent School District on an open or closed basis. 2. One mobile unit for color broadcasting. 3. Delivery of the broadcast signal of KLRN, Channel 9, ETV, Austin, Texas, by microwave in accordance with specifications in Section 11, paragraph G, for rebroadcast by KEDT, until the earlier of such times as KEDT no longer requests such service or until KEDT no longer regularly uses such service. 4. Twenty-four hour emergency alert equipment, including facilities to preempt all cable channels." (Continue here with items 15 through 24 of Section 23 C as passed on second reading, renumbered, and change the word "Cablecom" in those items 16, 17, 22 and 23 to the word "Grantee".) 3. Amend Section 11, subsection F by addition of a final clause so that said Section 11.F. shall hereafter read: "F. The Grantee shall provide each subscriber with an efficient antenna switch by which the subscriber may easily and conveniently switch the television receiver from the cable input to an antenna for direct off -the -air reception of local and area television stations, at the subscriber's request, and Grantee shall at the time of service connection so advise the subscriber in writing that such a switch is available." Motion by Commissioner Branch, seconded by Commissioner Ricardo Gonzalez and passed, that the ordinance granting a franchise to Athena Cablevision of Corpus Christi, its successors and assigns., to operate and maintain a community antenna television system in the City, passed on the first two of three readings, be amended as hereinabove quoted and recommended by City utes lar Council Meeting eptember 18, 1974 Page 8 Manager Townsend. Mrs. Maria Chavana, 3322 Casa Bonita, inquired whether or not the Cablevision Company would carry bilingual programs. She was advised that Channel 28 will be primarily Spanish. Relative to the item listed as pending on the agenda, City Manager Townsend stated that the amendment to the Air Control Ordinance is being presented for third and final reading at this meeting, and that the concerns raised by Mr. Michael Kendrick in his letter, have been worked out to Mr. Kendrick's satisfaction. SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY REPEAL OF ARTICLE XI, EXTENSION OF WATER SYSTEM TO OUTSIDE CORPORATE LIMIT AREAS (CORPUS CHRISTI CUMULATIVE SUPPLEMENT) OF CHAPTER 38 OF SAID CODE AND ORDAINING IN LIEU THEREOF A NEW ARTICLE XI, EXTENSION OF WATER SYSTEM TO OUTSIDE CORPORATE LIMIT AREA (O.C.L.); REQUIRING PLATTING OF PROPERTY TO BE SERVED O.C.L.; PROVIDING FOR CONTRACT OF ANNEXATION AS PREREQUISITE, WITH SPECIAL CONDITIONS FOR TRACT IN EXCESS OF FIVE (5) ACRES DEVOTED TO PORT OF CORPUS CHRISTI CARGO GENERATION OR DISTRIBUTION AND FOR TRACT DEVOTED TO AGRICULTURAL USE ONLY; REQUIRING COUNCIL APPROVAL OF ALL SUCH CONTRACTS; PROVIDING WATER SERVICE TO O.C.L. AREAS FROM MAINS EXISTING AS OF FEBRUARY 16, 1972, TO PROPERTY PLATTED AS OF THAT DATE; PROVIDING SPECIAL CONDITIONS IN CERTAIN AREAS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168, AS AMENDED, GENERALLY KNOWN AS THE PLATTING ORDINANCE BY AMENDING SECTION I THEREOF SO AS TO PROVIDE EXCEPTIONS THERETO WITH RESPECT TO TRACTS IN EXCESS OF FIVE (5) ACRES DEVOTED TO PORT OF CORPUS CHRISTI CARGO GENERATION OR DISTRIBUTION AND FOR TRACTS DEVOTED TO AGRICULTURAL USE ONLY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12267 THIRD READING OF AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9635, AS AMENDED BY ORDINANCE NO. 10445, SO AS TO ADOPT THE CHANGES ADOPTED BY THE TEXAS AIR CONTROL BOARD FOR THE CONTROL OF AIR POLLUTION WITHIN THE CITY OF CORPUS CHRISTI; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; DIRECTING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO THE TEXAS AIR CONTROL BOARD; AND PROVIDING A SEVERANCE CLAUSE. The foregoing ordinance was read for the third time and passed finally by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. • Minutes Regular Council Meeting September 18, 1974 Page 9 ORDINANCE NO. 12268 THIRD READING OF AN ORDINANCE GRANTING A FRANCHISE TO ATHENA CABLEVISION OF CORPUS CHRISTI, ITS SUCCESSORS AND ASSIGNS, TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR CITY REGULATION AND USE OF THE COMMUNITY ANTENNA TELEVISION SYSTEM; PRESCRIBING PENALTIES FOR VIOLATION OF THE FRANCHISE PROVISIONS; AND PROVIDING FOR PUBLICATION. as amended The foregoing ordinance was read for the third time and passed finally/by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12269 AUTHORIZING THE CITY MANAGER TO APPROVE AGRICULTURAL WATER USE COVENANT WITH MORRIS L. LICHTENSTEIN, JR., INCLUDING A TEMPORARY EASEMENT ACROSS CITY PROPERTY SO THAT A TAP MAY BE LOCATED AT THE END OF AN EXISTING MAIN, SAID PROPERTY BEING SITUATED ON SARATOGA BOULEVARD, WEST AND ADJACENT TO THE WESTSIDE WASTEWATER PLANT, ALL AS MORE FULLY SET FORTH IN THE AGRICULTURAL WATER USE COVENANT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12270 AUTHORIZING THE CITY MANAGER TO CONVEY TO GEORGE M. CHATMAN, LOT 12, BLOCK 3, CARVER ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON THE PAYMENT OF $850 CASH CONSIDERATION FOR SAID PARCEL, SUBJECT TO THE TWO-YEAR REDEMPTION PERIOD, A COPY OF SAID CONVEYANCE BEING ATTACHED HERE- TO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12271 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH W. W. JONES PROPERTIES FOR 1711 SQUARE FEET OF SPACE LOCATED IN THE JONES BUILDING AT 317 PEOPLES STREET AND FOR 9 PARKING SPACES LOCATED ON THE PARKING LOT AT THE CORNER OF WATER AND STARR STREETS AT $625.00 PER MONTH FOR 9 MONTHS, COMMENC- ING OCTOBER 1, 1974, TO BE USED TO OFFICE THE CITY'S MANPOWER ADMINISTRATION OFFICE, A COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. • • Minutes Regular Council Meeting September 18, 1974 Page 10 ORDINANCE NO, 12272 AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A CONTRACT WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR A WORK/STUDY PROGRAM, NOT TO EXCEED THE AMOUNT OF $12,300, AS IS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12273 AMENDING THE CITY BUDGET; APPROPRIATING OUT OF NO. 208 AUDITORIUM BOND FUND $5,648 APPLICABLE TO PROJECT NO. 208-72-2; AUTHORIZING ACCEPTANCE OF THE PRO- POSAL OF STAPP-HAMILTON ASSOCIATES, INC., TO PROVIDE A SUB -SURFACE FOUNDA- TION INVESTIGATION NECESSARY FOR THE DESIGN OF THE MUNICIPAL AUDITORIUM, ALL AS MORE FULLY SET FORTH IN THE PROPOSAL, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12274 MAKING FINDINGS OF FACT; AUTHORIZING A DRIVEWAY PERMIT TO BE ISSUED TO INTEGRAL STEEL, INC., FOR CONSTRUCTION OF A 50 -FOOT WIDE DRIVEWAY AT 4415 AGNES STREET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12276 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE GOALS FOR CORPUS CHRISTI COMMITTEE FOR $25,000 FOR THE PROVISION OF CITIZEN PARTICIPATION AND GOALS FOR COMMUNITY IMPROVEMENTS TO BE UTILIZED IN THE DEVELOPMENT AND GROWTH OF THE CITY, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. RESOLUTION NO. 12277 ADDRESSED TO PROPOSED DEPARTMENT OF INTERIOR LEASING OF CORPUS CHRISTI AREA OFFSHORE OUTER CONTINENTAL SHELF LANDS FOR OIL AND GAS PRODUCTION; DECLAR- ING FINDINGS; ENDORSING SUCH LEASING AND PRODUCTION; AND DECLARING AN • Minutes Regular Council'Meeting September 18, 1974 Page 11 EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12278 FINDING THAT THE FIESTA MEXICANA DE CORPUS CHRISTI ON SEPTEMBER 21 AND 22, 1974 IS IN THE INTEREST OF THE PUBLIC WELFARE BY ADVANCING ETHNIC AND CULTURAL UNDER- STANDING AND IS BENEFICIAL TO THE ECONOMY OF THE CITY OF CORPUS CHRISTI; CLOSING THE 200, 300 AND 400 BLOCKS OF CHAPARRAL STREET AND THE 300 AND 400 BLOCKS OF LAWRENCE AND WILLIAMS STREET TO VEHICULAR TRAFFIC FROM 7:30 P.M. FRIDAY, SEPTEMBER 20, 1974 TO 12:00 MIDNIGHT SUNDAY, SEPTEMBER 22, 1974 FOR SAID FIESTA SPONSORED BY LULAC LADIES COUNCIL #26; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING & PHYSICAL DEVELOPMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRED PERMITS FOR BEER AND FOOD, COMPLIANCE WITH CITY CODES AND PROHIBITING CERTAIN MARKINGS AND REQUIRING THE SPONSOR TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC; PROVIDING FOR PAYMENT FOR CITY CREW CLEANUP; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN EFFECTIVE DATE AND FOR PUBLICATION; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote. Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12279 AUTHORIZING THE CITY MANAGER TO APPLY FOR STATE ASSISTANCE AND TO SUBMIT SUCH INFORMATION AS MAY BE NECESSARY AND REQUIRED TO QUALIFY FOR TRAFFIC SAFETY PROJECTS THAT ARE FUNDABLE BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION THROUGH THE TEXAS GOVERNOR'S OFFICE OF TRAFFIC SAFETY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. Mr. Edmond Ford, attorney representing the Athena Cablevision of Corpus Christi, expressed appreciation to the Council and City Staff for their courtesy and interest shown to both the public and representatives of the Cablevision Company in trying to work out difficult problems under very trying circumstances. He stated he had a tremendous admiration for the Staff and Council. Mr. Bill Fuqua, resident of Corpus Christi Beach, inquired as to when work will begin for restoration of the Beach. He stated that information is vague as to how the money appropriated for this purpose is being used. He also questioned the problems arising regarding franchises when the United States Constitution favors free enterprises. Mayor Pro Tem Acuff explained that the Corpus • • Minutes Regular Council Meeting September 18, 1974 Page 12 Christi Beach Restoration Program is proceeding, that purchase of land is underway, and that Revenue Sharing Funds have been added to the appropriation. City Manager Townsend explained that the City is in the regulatory business only when the franchise holder is using the public streets and not when two different businesses are in competition. He stated that so far as the limousine service is concerned this is granted by the Council on a bid basis and is a concession service as part of the Airport; the City does not grant exclusive franchises. Motion by Stark, seconded by Branch and passed, that the Regular Council Meeting be recessed until 4:00 p.m. Mayor Pro Tem Acuff reconvened the meeting at 4:00 p.m., and City Manager Townsend presented the following ordinances: ORDINANCE NO. 12275 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED FOR THE SALE OF A PORTION OF LOTS 10 AND 11, BLOCK 4, EDGEWATER TERRACE, CONSISTING OF APPROXI- MATELY 9800 SQUARE FEET, AS MORE FULLY DESCRIBED HEREINAFTER, TO LES FELDSER FOR THE CONSIDERATION OF $5100 AS A COMPROMISE SETTLEMENT OF CAUSE NO. 614, STYLED CITY OF CORPUS CHRISTI V. NORMAN RANSLEBEN, ET AL, BEING A PROCEEDING IN EMINENT DOMAIN FOR THE ACQUISITION OF RIGHT OF WAY FOR THE OCEAN DRIVE- ALAMEDA JUNCTION IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stork, present and voting "Aye"; Luby absent. RESOLUTION NO. 12280 CONGRATULATING MRS. FRANK CERVERA FOR SPONSORING AND PRESENTING A COLOR- FUL PROGRAM DIEZ y SETS de SEPTIEMBRE, HONORING MEXICAN INDEPENDENCE DAY ON SEPTEMBER 16, 1974 AT THE PROPLES STREET T -HEAD; AND DELCARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. Motion by Ricardo Gonzalez, seconded by Lozano and passed, that the Regular Meeting be adjourned at 4:04 p.m., September 18, 1974.